Sub-paragraph 3: Disciplinary proceedings

The chairman, full members and alternate members of the Enforcement Committee are appointed by order of the Minister of Justice. The offices of member of the Enforcement Committee and member of the college of the Conseil des maisons de vente are incompatible.

If a member of the committee is unable to attend, his or her alternate shall take his or her place. If a member is permanently unable to attend during his or her term of office, his or her alternate shall take his or her place. If a member is permanently prevented from carrying out his/her duties, he/she shall be replaced in accordance with the procedures set out in articles L….

The chairman who has ruled on a measure provided for in the first or second paragraph of III of Article L. 321-23-2 may not sit on the sanctions committee ruling on the situation of the same professional.

The Enforcement Committee shall be notified by the Government Commissioner by any means that confers a date of receipt. The Government Commissioner may simultaneously institute proceedings against the persons mentioned in I and II of article L. 321-4 and articles L. 321-24 and L. 321-28-1 and the person authorised to manage the sales. The Enforcement Committee may ask the Government Commissioner or the professional concerned to provide it with any…

Discussions before the Sanctions Committee are public. However, the Committee may decide that the hearings will not be public if the person being prosecuted expressly so requests or if their public nature would infringe a secret protected by law or the intimacy of private life; this shall be stated in the decision. The Committee shall give its decision, stating its reasons, after hearing the professional and the Government Commissioner. The…

The decision of the Enforcement Committee shall be notified, by any means conferring a date certain, to the professional and to the Government Commissioner. It shall indicate the court before which it may be contested and the time limit for appeal.